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2025 Supreme(Online)(Ker) 53538

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
K.V.VINOD KUMAR – Appellant
Versus
THE STATE OF KERALA – Respondent
CRL.MC NO. 454 OF 2021 | CRIME NO.254/2011



Advocates:
For the Appellants/Petitioners: SRI.RINNY STEPHEN CHAMAPARAMPIL, SMT.ASHA ELIZABETH MATHEW
For the Respondents: SMT.RESMY M.S, SR.PP., SMT. SEETHA S.

Failure to comply with court's surrender order precludes inherent relief under the Code of Criminal Procedure.

Headnote:The petitioner filed a Criminal Miscellaneous Case to quash the charge sheet based on the assertion that the dispute leading to crime registration has been amicably settled. Despite the court's prior order for surrendering, the petitioner failed to comply, leading to the refusal of inherent powers under Section 482 of the Code of Criminal Procedure. The court dismissed the petition but preserved the right to file a fresh application contingent upon the petitioner complying with the bail obligations. Resultantly, the Crl.M.C is dismissed.

Table of Content
1. petition to quash charge sheet based on settlement. (Para 1 , 2)
2. court notes non-compliance with surrender order. (Para 4)
3. crl.m.c dismissed, conditions for re-filing stated. (Para 5)

O R D E R Dated this the 26th day of November 2025 The Criminal Miscellaneous Case is filed to quash Annexure-A2 charge sheet and all further proceedings in L.P. No.36/2017 on the file of the Court of the Judicial First Class Magistrate, Adoor ( Trial Court).

2. The petitioner filed the Crl. M.C. on the assertion that the dispute between him and the second respondent, which led to the registration of the crime has been amicably settled. Therefore, all further proceedings in the crime may be quashed.

3. When the Crl. M.C came up for consideration on

25.03.2021, this Court taking into consideration the fact that the case has been transferred to the Long Pending Register, directed the petitioner to surrender before the Trial Court and get himself enlarged on bail and, thereafter, move the Crl.M.C. Even after the lapse of nearly four years, the petitioner has not surrendered before the Trial Court.

4. By communication dated 03.11.2025, the Trial Court has specifically stated that the case continues to be in the Long Pending Register.

5. Taking into consideration the fact that the petitioner has not complied with the order dated 25.03.2021, I am not inclined to exercise the inherent powers of this Court under Section 482 of the Code of the Criminal Procedure.

Resultantly, the Crl.M.C is dismissed, but without prejudice to the right of the petitioner to file a fresh Crl.M.C on the same cause of action, provided the petitioner surrenders before the Trial Court and get himself enlarged on bail.

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